Explanatory materials in the field of migration

1. In order to determine the order and conditions of issuance and (or) extension of permits establishes the following categories of employees:

1) the first category – the leaders and their deputies;

2) the second category – heads of structural subdivisions who meet the qualification requirements of professional standards, the qualification reference book of positions of managers, specialists and other employees, sample qualifying characteristics of positions of managers, specialists and other employees organizations;

3) third category – specialists who meet the qualification requirements of professional standards, the qualification reference book of positions of managers, specialists and other employees, sample qualifying characteristics of positions of managers, specialists and other employees organizations;

4) fourth category: qualified employees who meet the qualification requirements of professional standards, the Unified tariff qualification reference of works and occupations of workers, tariff and qualification characteristics of professions of workers.

2. The local government issues permits within quota distributed by authorized body on employment issues.

3. The number of outstanding, previously issued permits on the territory of corresponding administrative-territorial unit does not exceed the amount distributed by the authorized body on issues of employment quotas for attracting foreign labor force for the relevant calendar year.

4. The results and (or) the extension of the local Executive body of permits shall be subject to the following conditions:

1) the number of citizens of the Republic of Kazakhstan not less than 70% of headcount related to the first and second categories;

2) the number of citizens of the Republic of Kazakhstan not less than 90% number of employees related to the third and fourth categories.

When calculating local content in personnel, including foreign workers are not considered citizens of the States parties to the Treaty on the Eurasian economic Union ratified by the Law of the Republic of Kazakhstan of October 14, 2014.

Information on local content in personnel the employer is submitted to the local Executive body in accordance with Annex 2 to the Order and conditions of granting and (or) extension of permits to employers for attracting foreign labor force, approved by order of acting Minister of healthcare and social development of the Republic of Kazakhstan of June 27, 2016 No. 559 (hereinafter – the Rules).

5. The effect of paragraph 6 of this regulation does not apply to:

1) small businesses;

2) state institutions and enterprises;

3) the foreign worker arriving for self-employment in the Republic of Kazakhstan in accordance with subparagraph 21) of article 7 of the Law of the Republic of Kazakhstan from April 6, 2016 "On employment of population";

4) permits issued under quotas for countries of origin, in the presence of ratified by the Republic of Kazakhstan, international agreements on cooperation in labor migration and social protection of migrant workers;

5) representative offices and branches of foreign legal entities with number of employees more than 30 people.

6. Conditions on local content in personnel for priority projects determined by the relevant Central government authorities, in consultation with the local authority on whose territory the projects and the authorised body on employment issues in the prescribed form in Annex 3 to this Regulation.

7. For issuance and (or) permit renewal with employers will be charged a tax (hereinafter – the collection) according to the rates of the fee for issuance and (or) a renewal of the permit for attracting foreign labor force to Republic of Kazakhstan approved by the decree of the Government of the Republic of Kazakhstan dated August 18, 2016 No. 459 "On establishing the rates of the fee for issuance and (or) a renewal of the permit for attracting foreign labor force to Republic of Kazakhstan".

8. To obtain the permission of the employer or another authorized person via the information system "State database "E-licensing" or in paper form submits to local Executive body at the place of employment of foreign labor statement, in accordance with Annex 4 to this Regulation, with the documents submitted for obtaining of permit for engagement of foreign labor force in accordance with Annex 5 to this Regulation, as well as information about the foreign workers with indication of surname, name, patronymic (including in Latin letters), date of birth, nationality, number, date and issuing authority of the passport (identification document), country of permanent residence, country of departure, education, name of speciality, qualification (position) in accordance with the applied in the Republic of Kazakhstan professional standards, the Qualification reference book of positions of managers, specialists and other employees, sample qualifying characteristics of positions of managers, specialists and other employees organizations The unified tariff qualification reference of works and occupations of workers, tariff and qualification characteristics of professions of workers and State classifier of the Republic of Kazakhstan of 01 ... 99 "classification of occupations".

9. In cases of submission of incomplete and (or) fill in the prescribed form of documents provided for in paragraph 10 of this regulation, the local Executive authority within three working days from the date of receipt of returns attached to the application documents and issue to the employer a written justification for the return of documents (orders not submitted and (or) not filled in the prescribed form of the documents according to the Rules).

When you receive the documents in paper form, the local Executive authority shall issue to the employer a receipt showing the list of accepted documents according to Annex 6 to this Regulation.

10. A permit for attracting foreign labor force are issued:

1) for the first category of twelve months extension annually for a period of twelve months;

2) for the second and third category is for twelve months, with an extension for a period of twelve months, but not more than three times;

3) for the fourth category – on twelve months without the right to extension;

4) for seasonal foreign workers – up to twelve months, without extension.

13. The decision to issue or refuse the permit is made by the local authority within seven working days from the date of receipt of the documents of the employer.

Local Executive body makes a decision based on the recommendations of the Commission on issue of permissions to attraction of foreign labor force (hereinafter – Commission) created by the local Executive body.

11. The Commission included representatives of bodies of internal Affairs, on education and local authority on labor inspection.

12. The employer or his representative at their discretion involved at the Commission meeting. Local Executive body shall place information about the date, time and place of the meeting of the Commission on its official Internet site not less than three working days before the meeting date.

13. The local Executive authority through the information system "State database "E-licensing" or in writing notifies the employer about the decision to issue or refusal to issue, extension or refusal to extend permits for one business day after the date of its adoption.

14. In the case of a decision on extradition and (or) renewal of a permit, the local Executive authority sends a notice to the employer in accordance with Annex 7 to this Regulation.

15. In the case of a decision on refusal to issue or refusal to extend the permission of the local Executive body specifies its establishment in accordance with paragraph 21 of these Regulations.

16. The employer from the date of receipt of the notification about the authorization via the information system "State database "E-licensing" or in paper form represents the local Executive body within ten working days, copies of documents confirming the payment of the fee for issuance of the permit.

Failure to submit the employer documents evidencing the payment of fee within ten working days from the date of receipt of the notification to the local Executive body, the decision on the permit is cancelled by the local authority.

17. The local Executive authority through the information system "State database "E-licensing" or in paper form gives permission to the employer within two business days of receipt of the documents referred to in paragraph 19 of this regulation.

In case of absence of the employer upon expiration of two business days for a permit, the local government sends the resolution on the registered address of the employer by post with notification of receipt of mail.

18. A permit for attracting foreign labor force shall not be issued or renewed in the following cases:

1) the excess amount of the distributed quota;

2) non-compliance by the employer of the terms and conditions established by paragraph 6 of this regulation;

3) determine whether the employer has hired a foreign workforce without a permit. In this case, within twelve months from the date of the determination of this fact no permits shall be issued;

4) mismatch of level of education (vocational training) and experience (experience) practical experience of foreign labor qualification requirements for the professions of workers and positions of managers, specialists and employees, in accordance with professional standards, the Uniform tariff-qualifying directory of works and professions of workers and Qualification reference book for managers, specialists and other employees, sample qualifying characteristics of positions of managers, specialists and other employees organizations.

2. IN THE SPHERE OF ETHNIC MIGRATION

Government throughout the years of independence a policy of encouraging voluntary return to the country of ethnic Kazakhs.

During the period returned to their homeland and got the status of oralman 284 361 thousand or 1 006 473 thousand ethnic Kazakhs, accounting for 6 % of the total population.

Most of oralmans 61,6% of the profits from Uzbekistan, 12.1 per cent are immigrants from China, 11,7% - from Mongolia, 7,1% - from Turkmenistan, and 3.8% from Russia and 3.7% from other countries.

Persons of working age account for 56.1% of children under 18 years – 39.3% and pensioners 4.6%, respectively.

From among the repatriates of working age by educational level of 8.9% have higher education, 20.5% of secondary special education, with 61.1% of the total secondary education, and 9.5% have no education.

Implemented regional quota of repatriates and IDPs in 2016. So in the framework of the quota received state support measures 793 2422 repatriates and internal migrants.

In recent years, with the adoption of new measures providing social benefits for oralmans, their number has increased by 6.5 times (in 2016 33 754 ethnic Kazakh or 16 417 families received the status of repatriates, 2015 4 882 ethnic Kazakh or 1 920 families in 2014 8247 ethnic Kazakh or 3792 families).

In accordance with the current legislation of the Republic of Kazakhstan, oralmans have the following privileges:

- exemption when entering the territory of the Republic of Kazakhstan from customs payments on the property for personal use, including vehicles (a LRK "On migration", article 23);

- obtaining a permanent residence permit in the Republic of Kazakhstan in a simplified procedure without confirmation of their ability and regardless of the type of visa, including students from among ethnic Kazakhs (LRK "On migration", article 23, 33);

- free adaptation and integration services in the Centers of adaptation and integration of repatriates (LRK "On migration", article 23);

- temporary registration in the centers of adaptation and integration of repatriates, temporary accommodation centres in the absence of official or private dwelling for a period not exceeding one year (a LRK "On migration", article 26);

- provision of measures to promote employment on an equal basis with citizens of RK (a LRK "On employment of population", article 5);

- receiving targeted social assistance, benefits for children and specroscopy as citizens of Kazakhstan (a LRK "On targeted social assistance, article 2., "On state allowances to families having children", article 2., "On special state allowance in RK", article 3);

- obtaining land for the right of temporary gratuitous land for private farming, gardening, country construction, as well as for conducting a peasant or farm and commodity agricultural production ("Land Code of the RK", article 46);

In 2014, the internal migration was 405,6 thousand people (177,2 thousand people in the interregional (between regions) and 228,3 thousand people in the regional (within a region), in 2015 – 455,4 thousand people (202,7 thousand people in the interregional (between regions) and 252,6 thousand people in the regional (within a region) increased by 11%.

According to preliminary data of statistics Committee of the Ministry of national economy of the Republic of Kazakhstan in internal migration in 2016, was attended by 610 thousand people (293,9 thousand people in the interregional (between regions) and 316,7 thousand people in a regional (in one region) compared to 2015 increased by 25.3%.

In turn, since 2011 is the voluntary resettlement of people from labor-surplus areas to regions with labor shortage.

From 2011 to 2016 resettled more than 19 thousand people with the provision of state support (in the form of grants for moving expenses for these purposes amounted to 464 million tenge). Of the total number resettled thousand are able-bodied 9,0: 7,0 thousand employed, thousand of 2.0 - be employed in the 2017.

This year, the social support measures in the framework of the Program of productive employment and the development of mass entrepreneurship is scheduled to reach 2.7 thousand people from among the repatriates and displaced persons.

State support under the new Programme includes the provision of subsidies for moving, as well as subsidies to cover the cost of hiring (rent) of housing and utilities for one year.

Reference: For immigrants provides benefits:

1) the relocation grant is a lump sum equal to 35 MCI (79,4 thousand tenge) for each family member, in 2017, it is proposed 269 million tenge;

2) subsidies on compensation of cost of hiring (rent) of housing – monthly within 12 months from 15 to 30 MCI (from 34,0 to 68.1 thousand tenge) for one person, for 2017 is provided 510 million tenge in the framework of transfers of a General character.

Under this Program, regions of Disposals identified 4 regions - Almaty, Zhambyl, Mangystau, South Kazakhstan region (regions having an annual population growth rate for last10 years, more than 2% of the population of the area and/or population density more than 6.4 people per square kilometer).

The Ministry of Labor and Social Protection of Population of the Republic of Kazakhstan 010000,Nur-Sultan city, Mangilik El street 8, House of the Ministries, front door 6, phone: +7 (7172) 74-37-23, e-mail: kense@enbek.gov.kz